The Vermont Supreme Court rejected a claim of three female Department of Corrections employees who sued the state for gender-based pay disparity.
The three women filed the suit in March 2014, claiming that they were paid as much as $10,000 less than a male colleague, named as John Doe, who held the same job. The Vermont Human Rights Commission was also a plaintiff in the case.
According to the suit, Lynne Silloway and Mary Bertrand were paid nearly $10,000 and $6,400 less than their male colleague, despite having more seniority than him. A third employee, Lisa DeBlois, was paid $10,200 less despite being promoted to the same position as Doe 45 days after him.
The state argued that Doe’s salary reflected his education — he held two degrees that were relevant to his career — and his experience.
After the Washington County Superior Court ruled last year in the state’s favor, the plaintiffs took the case to the state’s highest court in June.
The Supreme Court upheld the lower court’s ruling in a decision issued Dec. 24.
The court ruled in favor of the state, finding that the DOC hired Doe at step 13 of the state’s 15 employee tiers, to reflect his 23 years prior experience, and that it was not discriminatory.
“Because Doe’s initial classification as based on legitimate business considerations connected to his employment and not perpetuating discrimination and because the subsequent increases he received were pursuant to legitimate policies, the state successfully demonstrated an affirmative defense,” the court ruled.
